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august 2007

Supreme Court of India · 2007-08-17

Gafar & Ors vs Moradabad Development Authority & Anr

Citation / case number
AIR 2007 SC (SUPP) 1628
Court
Supreme Court of India
Petitioner
Gafar & Ors
Respondent
Moradabad Development Authority & Anr
Author
P.K. Balasubramanyan
Bench
P.K. Balasubramanyan, D.K. Jain

Judgment text excerpt

The Supreme Court addressed the appeals concerning compensation for land acquisition under the Land Acquisition Act, specifically examining the awards made for lands in Harthala, Mukkarrabpur, and Sonakpur. The Court upheld the High Court's decision to restore the awards made by the Land Acquisition Officer, emphasizing that the claimants failed to establish grounds for enhancement of compensation beyond the original awards. The Court reiterated that under Section 25 of the Land Acquisition Act, the compensation cannot be reduced below the amount awarded by the Land Acquisition Officer, thus affirming the principle that the burden of proof lies with the claimants to justify any increase in compensation.

Gafar & Ors vs Moradabad Development Authority & Anr · Niyam